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Q. Residents creating obstacle for building external lift

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Kumar Pallav

posted 4 months ago

Q.Residents creating obstacle for building external lift
We have a flat in a 5 storey building which didnt had a lift. We've spoken to builder and he has no objection what so ever to get an external lift built but a few residents, specially ground floor have objection to it. Firstly they didnt wanted to contribute as they said, they'll not be using it. But now when others have all agreed and ready to pay extra also, still those ground floor residents are not agreeing. We infact were about to start the work but they stood there obstructing it. Is there any legal way to counter it? We have written consent from all others.

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Shreyash Mohta

Experience: 1 Year(s)

Responded 4 months ago

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A. ) You can either talk to them and try solving this problem amicably
Or else
You can opt to file a suit and restrain them from interfering in this work.
Given the circumstance you shall be allowed to build the lift as you have the builders NOC and also written consent of all other flat members except the ground floor people.
however, litigation shall take time and the effective purpose of having a lift for value addition will slow down if you opt for litigation.
Keep this in mind before entering into litigation as it will definitely take time to settle.
Thanks

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 4 months ago

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A. ) Dear Sir,
You must file a suit in Representative capacity and force them to pay firstly and secondly they can be restrained from interfering.

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